Weapons of Mass Destruction (WMD)

Further Reading

REMARKS
OF U.S. REP. ED WHITFIELD

BEFORE THE SUBCOMMITTEE ON IMMIGRATION & CLAIMS

September 21, 2000

Mr. Chairman and Members of the Subcommittee:

I appreciate the opportunity to appear in support of legislation
to compensate Department of Energy contract and vendor employees who have or
will suffer work-related illnesses due to exposure to beryllium, silica,
radiation and other hazardous materials.

As the sponsor of my own bill on this subject, I am anxious to
do whatever I can to insure final approval of a compensation plan for these
workers before we adjourn for the year. Anything less would be a gross
miscarriage of justice.

My direct involvement in this issue began last August, when a
series of WASHINGTON POST investigative reports revealed that workers at
the Paducah Gaseous Diffusion Plant in my District were unknowingly exposed to
plutonium and other highly radioactive metals for over twenty years as they
enriched uranium to sustain America's Cold War nuclear arsenal.

It was those reports and the follow-on investigations by the
Department of Energy which prompted Secretary Richardson's initial proposal to
establish a federal compensation system for workers at the Paducah Plant who
developed specific cancers related to radiation. Those same reports prompted the
Secretary's acknowledgment that uranium workers were not properly protected
until at least 1990 when new safeguards were put in place. To further address
the situation, the Secretary proposed an expanded medical monitoring program for
the workers at all three diffusion plants-a program that is still ongoing.

Later today, you will hear from one of my constituents, Mrs.
Clara Harding. Clara is the widow of Joe Harding who worked at the Paducah Plant
for 18 years and who died of cancer in 1980. For nine years, Joe's claims that
his illnesses resulted from radiation exposure were challenged by the
contractors who operated the Paducah Plant for DOE and by DOE itself. As a
matter of fact, a 1981 DOE study attributed Mr. Harding's death to a
combination of smoking and eating country ham. And yet, in 1983, twelve years
after Mr. Harding had been discharged from the Plant, a test performed on his
remains proved that his body still contained uranium levels up to 133 times
higher than is normally found in bones. Because uranium is slowly purged by the
body over time, the levels in Mr. Harding's bones would have been even higher
during the time he was employed.

And how was Mr. Harding compensated? He was denied a disability
pension by the contractors and he lost his medical insurance. Clara's efforts
to reclaim the pension were opposed by lawyers for the contractor. She settled
her claim for $12,000.

Data at the Paducah Plant about who was exposed and to what
degree is sketchy at best. DOE audits confirm extensive problems with monitoring
programs and equipment. Formal investigations by DOE inspectors cited numerous
weaknesses in environmental programs and criticized federal managers and cleanup
contractors for a "lack of discipline, formality and oversight" in the
plant's management of radiation risks. Immediate upgrades in safety practices,
including enhanced training for workers, were ordered.

Since my election to Congress nearly six years ago, I have
dedicated myself to addressing the numerous problems relating to the operation,
clean-up, and long-term viability of the Paducah Gaseous Diffusion Plant. But no
issue is as important to me as the safety of the men and women who work there
and the need to compensate those who have or will suffer illnesses directly
attributable to the work they performed to sustain us through the Cold War.

Federal employees are eligible for compensation under the
provisions of the Federal Employees Compensation Act. But workers performing the
same job for the government-chosen contractor at the 57 DOE sites throughout the
country must rely solely on state workers compensation programs. Compensation
levels under these state programs are historically low and claims can take years
to process.

I realize there are those who would simply like to study this
matter further rather than moving ahead with the compensation program as passed
by the Senate. I also realize there are some who question the costs associated
with the establishment of a new federal entitlement program.

But I would remind the Members of the Subcommittee that our
government has acknowledged that radiation exposure at DOE nuclear plants is
causing illness among the employees. In the cases of the gaseous diffusions
plants, workers were exposed without their knowledge, and the medical monitoring
results thus far confirm that employees at Paducah, Portsmouth and Oak Ridge are
suffering from work-related illnesses stemming from the uranium enrichment
process.

We owe it to these workers and their survivors throughout the
DOE complex to try and provide them a fair level of compensation to combat
illnesses resulting from their service to our country. No amount of money can
compensate a person or loved one for a protracted illness or death, but the
least we can do is try and cover long-term health care costs, which is clearly
the most important benefit we can provide. A $100,000 lump-sum payment might be
an acceptable option for a surviving relative who is not ill and has no medical
expenses. But for the sick worker who may have been forced to leave his or her
job due to work-related illness, a wage-based option plus medical expenses is
the only fair alternative.

I urge the Subcommittee to give these sick workers or their
families a meaningful compensation package that acknowledges the damage done and
treats their claims in a timely and equitable manner by a government agency that
has experience in processing these types of claims. They earned it through their
hard work and they earned it through their sacrifice.

My constituents don't understand jurisdictional problems and
they don't understand why their government seems reluctant to compensate them
for illnesses resulting from exposure to hazardous materials they had no
knowledge of or control over. This is not some abstract problem. This effects
hundreds of families with significant health problems. The government must
assume its responsibility.

I urge your immediate approval of a substantive compensation
program that expedites the claims process, covers health care expenses, and
allows claimants the right to appeal any denial. It 's the responsible thing
to do and it's the right thing to do.